Friday, May 21, 2010, 7:39 AM

Sleepy's Files Trademark Action Over Macy's Use Of "Mattress Professionals"

New York based Sleepy's LLC filed suit against department-store chain Macy's for infringing Sleepy's trademark "the mattress professionals." The case was filed in United States District Court for the Southern District of New York (Civil Action No. 10-cv-3982). In its complaint, Sleepy's seeks an injunction against Macy's use of the phrases "Ask Our Mattress Pros" and "Factory-Trained Mattress Professionals."

Tuesday, May 18, 2010, 10:40 AM

Round Up of Recent Furniture Cases

Several new furniture IP cases were filed within the last month or so. Here is a summary:

1. Nood Fashions, LLC v. Nood Furniture and Design Ltd., 4:10-cv-49 (N.D. Ga.) - Plaintiff Nood Fashions, LLC brought suit against defendant Nood Furniture and Design Ltd. for trademark infringement and unfair competition. Plaintiff Nood Fashions manufactures and distributes carpet and flooring using the "NOOD" mark. Defendants Nood Furniture and Design Ltd. is a Canadian company is using the "NOOD" mark for and on its website - http://www.nooddesign.com/ - in connection with furniture and other home furnishings. Defendant is using a very similar logo:

2. On April 23, 2010, Jangsoo Industry Co., Ltd., a Korean company, and its exclusive U.S. distributor brought an action in the United States District Court for the Northern District of Georgia against Jangsoo Furniture Land, Inc. for trademark infringement and unfair competition under federal and state law (Civil Action No. 1:10-cv-01225). Jangsoo Industry manufacturers and, through its distributor, sells heated electric mattresses and stone beds, mainly to the Korean community in and around Atlanta. Plaintiff is the owner of over a dozen marks involving the component JANGSOO in connection with beds. Plaintiff alleges that defendant was a former licensee that had been terminated but continues to use the JANGSOO marks. Plaintiff filed for a preliminary injunction along with its complaint. It appears that defendants have not responded.

3. On April 14, 2010, Herman Miller sued multiple defendants, including an unknown company in China, in the United States District Court for the Northern District of California (Civil Action No. 3:10-cv-01608). In its complaint, Herman Miller alleges that defendants have engaged in trademark infringement, trade dress infringement, and unfair competition for the production and sale of "knockoff EAMES trademark in Lounge Chairs and Ottomans" and "knockoff EAMES Aluminum Group and Soft Pad" furniture. The federal trademark registration held by Herman Miller for one of the Eames chairs is below.